Previous versions of our Terms and Conditions
Applicable to all customers on fixed price tariffs that were agreed before 27 January 2021
1. WHEN YOUR CONTRACT STARTS
1.1. Your Orbit Energy contract starts when we send out your welcome pack.
1.2. Our service is an online one, and by agreeing to have your energy supplied by us you promise to:
1.2.1. Make sure you have a suitable laptop, tablet or smart device that allows you to manage your account online.
1.2.2. Regularly send us meter readings via your online account so we only bill you for the energy you use. You do not have to do this if you pay via a prepayment meter.
1.2.3. Use your online account to access your statements, bills and other Orbit Energy communications.
1.2.4. Keep your personal details including the email address linked to the account accurate and up to date.
2. WHEN ENERGY SUPPLY STARTS
2.1. When you register, we’ll let you know when your energy supply is likely to switch to us from your current supplier. It should be 21 days from the date you sign up with us and we send out your welcome pack.
2.2. Sometimes it can take longer than 21 days to complete your switch to us - if you ask for the switch to take place at a later date; you withdraw your request to transfer your supply by telling us that you no longer want to change supplier; your old supplier has objected to the transfer; or we do not have all the information we need from you to complete the switch, in which case we’ll let you know and do our best to fix the problem.
2.3. We’re not responsible for any outstanding balances or exit fees with your old supplier.
2.4. You must use the meter provided unless agreed with us in writing in advance. Usually this meter is already installed in your property. If we need to replace your meter, we may also need to adjust your plan – but we’ll advise you of any changes at least 30 days in advance.
2.5. If you install your own meter, we will not be responsible for its maintenance, and may charge you a reasonable cost to replace it if you move out of the property.
3. CHANGING YOUR MIND
3.1. You must contact us by phone during the 14-calendar day cooling off period if you wish to move to a different plan or cancel your switch entirely. The period begins on the date you receive your welcome pack. If we already supply energy to the property and you choose to cancel your contract, you’ll still be responsible for the property’s energy charges until a different supplier takes responsibility. If you move into a property we supply without signing up to one of our plans, your charges will be calculated according to our deemed contract.
3.2. You can still move to another supplier after the cooling off period. However, we’ll continue to supply your home until your chosen supplier takes over – and you will need to pay for the energy you use. We’ll let you know how much this is in your final bill. You also may need to pay exit fees depending on your Orbit Energy tariff.
4. DEEMED CONTRACT
This is a contract between us and you the owner or occupier of a property where we supply gas/electricity that hasn’t actively agreed to be supplied by us. This can happen when you move into a property and don’t notify the supplier or if you don’t meet any of your customer obligations detailed in this contract, we reserve the right to move you to a more expensive variable tariff.
5. PAYING FOR THE ENERGY
5.1. You are responsible for paying us for your energy while we supply your property.
5.2. We'll calculate your energy charges using:
5.2.1. The electricity and or gas you've used in kilowatt hours (kWh).
5.2.2. The daily standing charge for each “meter point reference number" or “meter point administration number" we supply at your property.
5.2.3. The electricity and/or gas tariffs that apply to consumption in a specific period.
5.2.4. If you have a standard credit meter, meter readings you've given us, any readings the meter has given us or, if no up-to-date meter reading is available, an estimated meter reading (using industry standard methods).
5.3. If you have a standard credit meter, you must either pay the amount shown on your bill or the fixed amount you have agreed to pay.
5.4. We'll add VAT to all our charges at the appropriate rate.
5.5. If you ask us to test your meter’s accuracy, you must cover the cost of the review. We'll tell you the cost, and can provide a breakdown, at the time. If the National Measurement Office decides the meter is operating outside of the statutory limits, we'll refund your payment.
5.6. Any updates to our energy prices are always available at www.orbitenergy.co.uk.
5.7. If you have a standard credit meter, you agree to pay for your energy monthly, using one of our approved payment methods, according to the product you’ve chosen. If you have a prepayment meter you agree to pay for your energy as you go.
5.8. If you're having trouble paying your bill, please visit www.orbitenergy.co.uk/faqs for all the important facts, FAQ’s, contact details and third parties who may be able to help.
5.9. If you do not pay by automatic payment, we’ll issue an invoice that is payable 10 working days from the day you receive it.
5.10. We will carry any debit or credit balance forward to your next bill/statement.
5.11. So we can bill you as accurately as possible from the start, we’ll ask for a meter reading just before you become our customer. We’ll then regularly remind you to enter meter readings via the approved methodology explained in your online account.
5.12. Your automatic monthly payment amount is based on the cost of the energy we think you'll use for the duration of your contract – based on the information you’ve shared – split into equal monthly payments. When we set up your account, we’ll tell how much the automatic payments are, and the dates we intend to take them (your first payment will be taken on your supply start date). Shortly after you join us, your previous supplier will provide us with your consumption history, and we’ll check your payment amount is right. We’ll let you know then if we need to change it, and explain any adjustments.
5.13. From time to time, and at least once a year, we’ll check your automatic payment amount is in line with the cost of the energy you use. If we find we need to change your automatic payment, we’ll notify you by email three days in advance of the payment, or another period we agree on.
5.14. We may complete a credit reference check when you submit your application. Based on the score, we may ask for a security deposit. In this case, the contract won't start until we have received the security deposit in full.
5.15. We may report your payment history, including late payments and defaults, to credit reference agencies. This could impact your overall credit score.
5.16. If your supply’s start date is delayed because you haven’t paid a security deposit, we’re not responsible for any charges due to your old supplier.
5.17. We may give you the choice of using a prepayment meter if this option is available.
5.18. A security deposit’s amount depends on your individual circumstances, but can be up to the value of two peak periods’ consumption. Security deposits are repaid once you’ve established a good payment history.
5.19. If you don't pay your bill on time:
5.19.1. The amount of your debt will be added to your next bill.
5.19.2. If you usually pay automatically and you do not make a payment to us on the date it is due by another means, we can charge you up to £15 for each missed payment to cover the administrative costs of recovering outstanding payment.
5.19.3. If your energy bill remains unpaid, we have the right to install a prepayment meter or disconnect your energy supply without your permission under warrant from the Magistrates' or Sheriff's Court.
5.19.4. We can temporarily suspend or permanently disconnect the supply without requiring your permission.
5.20. If you feel you’re due a refund our Refund Policy will apply which can be found on our website at www.orbitenergy.co.uk/faqs.
5.21. We operate within the Direct Debit guidelines which are explained at www.directdebit.co.uk.
5.22. While we will always tell you beforehand, some circumstances may require additional charges under this agreement:
5.22.1. If you ask us to undertake any voluntary work on the energy infrastructure of your home (e.g., moving your meter from its current location or disconnecting supply), we will notify you at the time of any additional charges.
5.23. All the clauses under 5.23. only relate to customers who have a prepayment meter.
5.23.1. By switching to Orbit Energy’s prepayment tariff, you agree that you will pay for your energy in advance by topping up with your electricity key or gas card.
5.23.2. You will be deemed to pay by prepayment if you move into a property with a prepayment meter already installed.
5.23.3. You must keep your key and/or card safe. If it gets lost or damaged, you agree to pay the reasonable costs of replacing it.
5.23.4. You must buy enough credit with the card and/or key we give you to cover any gas and electricity you use, any emergency credit used plus any extra charges.
5.23.5. You must keep your meter topped up even when you’re not using gas or electricity, so there’s enough credit on it to cover any other charges such as a daily standing charge.
5.23.6. If you don’t keep your meter topped up, you may have to pay the reasonable cost of us (or our agents) visiting your property and working on the meter or other equipment.
5.23.7. We may require you to pay reasonable costs resulting from visiting your premises when you have told us that your meter or payment card is faulty, and we cannot find a fault and our agent adds credit to the meter.
5.23.8. You might have to buy a minimum amount of credit each time you top up.
6. MOVING HOUSE
6.1. If you are moving home you must give us at least two working days’ notice before you move out. You must also give us details of your new address and your final meter readings so that we can send you your final bill. If you have given us the correct notice, your agreement with us will end on the date you move out of the property. If you fail to give us the correct notice, your agreement will end either two working days after you tell us that you have moved; or when someone else takes over the supply.
6.2. Until your agreement ends, you will still be responsible for paying for any gas or electricity (or both) used at your old home. This means if you delay in telling us about your move, you may have to pay for any energy used during the period when nobody else was registered as taking the supply. If you do not give us your new address and we incur costs to trace you, we may add these costs to your final bill.
6.3 You will find lots of important information on how to move your supply to your new home in your Welcome pack and on our website at www.orbitenergy.co.uk/faqs.
7. ACCESS TO YOUR METER
7.1. From time to time we’ll need access to your meter. You must agree to provide us, or any person we have authorised acting on our behalf to safe, unrestricted access to your energy meter and its associated equipment. If your meter equipment is obstructed, it’s your responsibility to remove the obstruction and pay any associated costs.
7.2. We may charge you if you don't let us know we can’t access your meter equipment at least 48 hours before a booked appointment.
7.3. If your meter is ever damaged or stolen, you must let us know immediately.
7.4. If your agreement with us ends, you must give us access to any meter equipment we’ve provided if we wish to recover it.
8. CHANGES TO THE CONTRACT
8.1. From time to time, we may update your contractual terms to comply with changes to laws or regulations, to follow legal advice, or if our business necessitates a change to these Terms of Service.
8.2. We will never change the agreed unit rate energy charges for the duration of an Orbit Energy fixed rate tariff contract.
8.3. We will give you 30 days' notice if a change to this agreement results in your energy rates increasing. If you do not agree with the changes, you can switch to another supplier without any penalty. This doesn't apply if, in accordance with this agreement, we change your payment method or you automatically move onto a variable plan. We'll also keep your prices the same until you switch or start the new tariff (as applicable) if we hear from your new supplier or you move onto a new tariff with us within 20 days of the change.
8.4. We can object to you switching, for any reason, if there are outstanding charges on your account.
8.5. If you have a prepayment meter with less that £500 outstanding, you may switch to a new supplier if you successfully apply to them to take on the debt.
8.6. We can add another person to your agreement so that they can administer your account on your behalf. Financial responsibility will still remain with the person who resides in the property.
8.7. If you’re on a variable tariff and we withdraw it from new and renewing members, we may move you onto a new tariff that is open to new and renewing customers. If this increases your tariff, we’ll email you at least 30 calendar days before the move.
8.8. All the clauses under 8.8. only relate to customers that have selected a fixed-term product with a variable price (e.g. a percentage discount product)
8.8.1. Your price will be set at a percentage discount (as defined in the product you have selected) to the Ofgem Price Cap. This product will end when Ofgem change their methodology or cease to set the Price Cap.
8.8.2. Our charges for your electricity and gas will track Ofgem’s default tariff Price Cap (introduced as a result of the Domestic Gas and Electricity (Tariff Cap) Act 2018) with prices set at a percentage discount to the level for your area, meter type and payment method (they may change if you change area, meter type or payment method).
8.8.3. The Price Cap levels are subject to revision by Ofgem and in the event of a change your standing charge and/or unit rate(s) for each fuel will either go up or down by a proportionate amount applicable to your meter type, region and payment method.
8.8.4. The capped levels are reviewed twice a year and any changes will apply to you from 1st April and 1st October each year until any subsequent change. We will always automatically apply any price increases or decreases without you having to do anything. If Ofgem change these dates at any point during the Price Cap, we will automatically replicate this with the percentage discount applied.
8.8.5. The exception to the percentage discount is, if any charge or cost is imposed or incurred by or as a consequence of any action, order, decision or imposition by any governmental, statutory or licensing authority, and, when added to or reflected in our charges or costs at the time, this causes our prices to exceed the discounted level.
8.8.6. If there is a change in the rate of VAT chargeable in respect of the energy we supply, this will cause our charges to change and may increase the charges you pay to us.
8.8.7. In the event that Ofgem’s default tariff Price Cap no longer applies, we will write to you and offer you our most similar product.
8.8.8. For the avoidance of doubt, if you have selected a fixed-term product with a variable price, then clauses 8.2. and 8.3. do not apply (i.e. your price will automatically change during the fixed-term supply period without prior notification).
9. CANCELLING YOUR CONTRACT WITH US
9.1. You have the right to cancel your agreement up to 14 days after the day your agreement starts. This is your cooling off period. Once we start supplying your energy, you can only cancel your agreement by switching to another supplier or starting a new agreement with us.
9.2. You don’t need to tell us if you are switching. Your new supplier will contact us to cancel your agreement on your behalf.
9.3. We may end this contract if;
9.3.1. You are in material breach of the contract,
9.3.2. You did not pay us what you owe us when it was due,
9.3.3. We no longer have the relevant licences to supply your energy,
9.3.4. If Ofgem gives a “Last Resort Supply Direction" to another gas or electricity supplier in relation to your premises, the fuel it specifies will be voided from this agreement.
10. CANCELLING YOUR AUTOMATIC PAYMENT
10.1. You have the right to inform your bank or card issuer to cancel/withdraw your authority for us to take any automatic payments. You should check the terms with your bank or card issuer, for example whether you need to give a certain amount of notice, or cancel in writing. If your contract requires automatic payments and you no longer pay by this method, your terms may change – including the amount you pay.
10.2. If, after cancelling/withdrawing your authority for us to take automatic payments (by contacting your bank or card issuer in accordance with Clause 9.1), payments still continue to be taken; you should contact your bank or card issuer, who is liable to refund you under the Payment Services Regulation.
10.3. You must notify us if you cancel/withdraw your authority for us to take automatic payments, so we can update our records. You must also arrange alternative means of making any required payments.
11. DISCONNECTING YOUR ENERGY SUPPLY
11.1. We can disconnect the supply of energy to your property:
11.1.1. If you haven't paid your bill on time and we have not been able to agree an alternative payment arrangement. We will restart it as soon as possible once the bill and any additional collection charges have been paid.
11.1.2. If there has been a material breach of the contract.
11.1.3. Where we reasonably believe that the meter has been damaged or tampered with - not as a result of work carried out by us or one of our appointed agents.
11.2. If we disconnect the supply of energy you must pay any other additional charges that may apply:
11.2.1. Our reasonable costs incurred during disconnecting and reconnecting the supply of energy.
12. WHAT WE'RE RESPONSIBLE FOR
12.1. Our liability (including for negligence and breach of statutory duty) is limited to £1000 for each unconnected event that we are directly responsible for, or £1000 in total for any connected series of events that we're directly responsible for, and which has caused you loss or damage.
12.2. We are not liable for any loss or damage (including negligence and breach of statutory duty) that we couldn't reasonably have expected would result from breach of this agreement at the time you entered into it.
12.3. If we are liable for a loss caused by a gas transporter or electricity distributor, our liability (including for negligence and breach of statutory duty) is limited to the amount we're entitled to recover from them on your behalf.
12.4. If we’re required or entitled to take action under our gas or electricity supply licences, or any other binding rules, we won't be in breach of this agreement.
12.5. The reliability of your energy supply will be the same irrespective of the supplier you choose. As we do not directly control the reliability of your energy, we can't guarantee your supply will be uninterrupted.
12.6. We shall not be in breach of this Agreement, nor liable for any failure or delay in performance of any obligations under this Agreement arising from or attributable to acts, events, omissions or accidents beyond our reasonable control (Force Majeure Event).
13. USING PERSONAL INFORMATION
14. EMERGENCIES AND SAFETY
14.1. If you have a gas emergency, you must report it on 0800 111 999.
14.3. You must not use your energy supply to endanger people or property, or interrupt the electricity or gas supply of any other property.
14.4. You can call 105 to report or get information about power cuts in your local area.
15. NATIONAL TERMS OF CONNECTION
We are acting on behalf of your network operator to make an agreement with you. The agreement is that you and your network operator both accept the National Terms of Connection (NTC) and agree to keep to its conditions. This will happen from the time that you enter into this agreement and it affects your legal rights. The NTC is a legal agreement. It sets out rights and duties in relation to the connection at which your network operator delivers electricity to, or accepts electricity from, your home or business. If you want a copy of the NTC or have any questions about it, please write to: Energy Networks Association, 6th Floor, Dean Bradley House, 52 Horseferry Road, London SW1P 2AF: phone 0207 706 5137, or see the website at www.connectionterms.org.uk.
16. OTHER CONDITIONS
16.1. In the event of a company restructure, change of ownership or another event required as part of our general course of business, we may transfer any of our rights or obligations under this agreement and it may not be possible to notify you or seek your permission beforehand.
16.2. In the event of a change of ownership, change of tenancy or any other change that may affect this agreement or the supply of your energy, you must get our agreement before transferring your rights or obligations.
16.3. If we need to serve a notice on you in connection with this agreement, we will use either your email address or postal address that you have provided to us. If we post a notice to you in connection with this agreement, it will be assumed to have been delivered two Working Days after it was posted unless it is issued to you by hand or email in which case it will be considered to have been delivered immediately.
16.4. These Terms and Conditions, and any documents explicitly referred to in them, are the entire agreement between you and us.
16.5. Nothing in this agreement affects our legal rights or powers. Nothing in this agreement affects any of your statutory rights that can't be excluded by law.
16.6. If any part of this agreement is void or unenforceable, the rest of the agreement will be unaffected.
16.7. This agreement is governed by the laws of England and Wales if your property is in England or Wales, and in Scotland if your property is in Scotland. If there is any dispute between us, it will be dealt with by the courts of England and Wales if your property is in England or Wales, and by the courts of Scotland if your property is in Scotland.
16.8. Any credit applied to your account as a reward or prize is subject to the following terms and conditions:
16.8.1. The credit applied to your account can only be used towards your energy consumption and daily standing charge.
16.8.2. You will not be refunded any of the credit amount in cash at any point, including if you switch away from Orbit Energy.
16.8.3. We will offer to decrease your monthly payments when the credit is applied to your account, but we will not offer to cancel the monthly payment.
16.9. All the clauses under 16.9. only relate to customers who have a prepayment meter.
16.9.1. If you’ve got any unused credit left on your prepayment meter, you can only get a refund when your contract ends (not before). You’ll need to tell us that you want a refund at least two working days before your contract ends. You may also need to take your card, key or token to a PayPoint (or another outlet) to get the credit from your meter. We will then process your refund.
16.9.2. If you owe us money, we can agree to let you pay it back by paying more on your meter than the cost of the energy you’re actually using. If you’re paying us back through your meter, you must stick to the payment schedule we’ve agreed. If you don’t, we can ask you to pay us the full amount straight away. Or we can ask you to pay us back faster or pay us in a different way. Whatever we decide to do, we’ll let you know before we make any changes, within the regulations.
16.9.3. If we change our gas or electricity prices, there might be a short delay before the new prices show up on your meter after the price change takes effect. The next time you top up after the prices change, your card, key or token will be updated with the new price. When you put your card, key or token in the meter, the new price will show up.
16.10. When we issue a bill we can only seek to recover charges for the electricity or gas (or both) used in the last 12 months, unless the bill was sent prior to 1st May 2018, or we have previously issued a compliant bill and we are seeking payment for previously billed charges, or you behave in an obstructive or manifestly unreasonable way or any other circumstances specified by Ofgem.
16.11. If you refer a friend to Orbit Energy, your bespoke promocode is only available on some Orbit Energy tariffs.
16.12. All the clauses under 16.12. only relate to customers who have selected an Orbit Energy product that includes boiler care, in partnership with Hometree.
16.12.1. Your boiler must be a domestic natural gas boiler. LPG, oil-fired, electric or back boilers are not covered.
16.12.2. You must be a homeowner and your boiler must be in good working order.
16.12.3. Cover will begin when your Orbit Energy contract starts. The boiler contract is for 12 months with the first 6 months free and then £12 per month (inc VAT). This offer is exclusive to Orbit Energy customers.
16.12.4. There is a call out fee of £95 for any repair. If you call us out again for the same fault within the contract period, you won’t have to pay an additional fee.
16.12.5. Your boiler care renews each year. You will be sent notice of your renewal 42 days before your new contract period.
16.12.7. You will receive a free boiler health check in the first month of the contract.
16.12.8. If you cancel within the first 12 months you will have to pay a £75 exit fee.
16.12.9. This boiler care is provided by Hometree. Hometree terms and conditions apply for this product. You can find these at https://www.hometree.co.uk/orbitenergyboilercare/